American moving to Canada via common-law sponsorship

[misterfeather]

I’ve been with my American partner for a little over two years. She visits me frequently here in Canada, and although we originally planned to move to America, recent events have had us consider otherwise. She was going to visit originally for a few months starting early March before covid blew up, and we arrived in Canada from America March 3rd and declared she would be here with me until the end of July. In doing research to try and extend her stay via visitor record extension, I saw that other americans had applied and been accepted for 6 month extensions using the reason of wanting to become common law and begin a common law sponsorship. Is this actually possible? It seems too easy to me to be true, outside of all the future costs.

There are times in which we do plan to travel to America, and we did that a lot last year (vacations and small trips across the border) and there were no issues getting her back into Canada. I understand that while on implied status, she would not be able to leave Canada in case of reentry denial, but once her visitor record is extended would it be okay to leave and come back? I assume it would go back to normal, with entry into canada being conditional. Regardless she of course doesn’t want to go back to America right now.

 

[canuck78]

I’ve been with my American partner for a little over two years. She visits me frequently here in Canada, and although we originally planned to move to America, recent events have had us consider otherwise. She was going to visit originally for a few months starting early March before covid blew up, and we arrived in Canada from America March 3rd and declared she would be here with me until the end of July. In doing research to try and extend her stay via visitor record extension, I saw that other americans had applied and been accepted for 6 month extensions using the reason of wanting to become common law and begin a common law sponsorship. Is this actually possible? It seems too easy to me to be true, outside of all the future costs.

There are times in which we do plan to travel to America, and we did that a lot last year (vacations and small trips across the border) and there were no issues getting her back into Canada. I understand that while on implied status, she would not be able to leave Canada in case of reentry denial, but once her visitor record is extended would it be okay to leave and come back? I assume it would go back to normal, with entry into canada being conditional. Regardless she of course doesn’t want to go back to America right now.

Yes it is possible to be approved for an extension for the purpose of becoming common law. You’ll need to prove that you have the finances for one person not to work. A short visit is usually permitted but the general advice is to limit crossing the border. You also can’t be separated for long periods.

 

[misterfeather]

Perfect, we plan to travel together every time we enter America. I do make enough to support another person and we also have my family to back us if we need to. Thank you for confirming!

 

[canuck78]

Perfect, we plan to travel together every time we enter America. I do make enough to support another person and we also have my family to back us if we need to. Thank you for confirming!

Now that you are living in Canada while applying for sponsorship you should try not to cross the border. If you have to would limit vis its to the minimum possible especially until you have an OWP. You are in a different position now versus last year. You don’t have ties to to the US IS like a home, job, etc.

 

[misterfeather]

Now that you are living in Canada while applying for sponsorship you should try not to cross the border. If you have to would limit vis its to the minimum possible especially until you have an OWP. You are in a different position now versus last year. You don’t have ties to to the US IS like a home, job, etc.

Canada's website does say we need to prove our relationship by providing evidence for things such as trips taken together to see family, vacations, etc so I'm not sure why they would allow such evidence if we weren't allowed to leave the country for a year. Right now we have a couple vacations planned and I go to conventions in America for work. My partner still has a home in America with family and is taking online courses at an American school. Would those be considered ties? Some days we make trips across the border and return same-day. Is it really so impossible to do this while on extended visitor's record? What if she needs to visit her family for any reason?

 

[canuck_in_uk]

Canada's website does say we need to prove our relationship by providing evidence for things such as trips taken together to see family, vacations, etc so I'm not sure why they would allow such evidence if we weren't allowed to leave the country for a year. Right now we have a couple vacations planned and I go to conventions in America for work. My partner still has a home in America with family and is taking online courses at an American school. Would those be considered ties? Some days we make trips across the border and return same-day. Is it really so impossible to do this while on extended visitor's record? What if she needs to visit her family for any reason?

If she needs to leave Canada frequently, she should apply outland.

 

[misterfeather]

If she needs to leave Canada frequently, she should apply outland.

What would be considered frequently? We have one trip in July, one in August, and one in October. Potentially December as well, all to the USA and all via road except in July. In checking the Canadian immigration site, there are no warnings against leaving to the USA and coming back while on extended visitor record. It only says re-entry is not guaranteed, which is true no matter the circumstances of travel. These trips are all weekend only except one.

 

[canuck_in_uk]

What would be considered frequently? We have one trip in July, one in August, and one in October. Potentially December as well, all to the USA and all via road except in July. In checking the Canadian immigration site, there are no warnings against leaving to the USA and coming back while on extended visitor record. It only says re-entry is not guaranteed, which is true no matter the circumstances of travel. These trips are all weekend only except one.

There is no concrete definition for frequent. CBSA doesn't like people living in Canada as visitors, so people going back and forth often end up refused entry. If you are going often, you should be fine but she could always be refused entry. After you become common-law and apply for PR, if you apply inland and she leaves and is refused entry, the PR app is abandoned. If you apply outland and she is refused entry, the PR app continues as normal.

 

[misterfeather]

There is no concrete definition for frequent. CBSA doesn't like people living in Canada as visitors, so people going back and forth often end up refused entry. If you are going often, you should be fine but she could always be refused entry. After you become common-law and apply for PR, if you apply inland and she leaves and is refused entry, the PR app is abandoned. If you apply outland and she is refused entry, the PR app continues as normal.

Ah, so after the 12 months of living together, she could still apply outland? Is there any page with more information about the differences between inland and outland? I'm having trouble finding one myself. We always travel together, so we've had no trouble with her coming in and out often. Normally they will just ask if she's staying with me since I'm right there and I confirm and we're good to go.

 

[canuck_in_uk]

Ah, so after the 12 months of living together, she could still apply outland? Is there any page with more information about the differences between inland and outland? I'm having trouble finding one myself. We always travel together, so we've had no trouble with her coming in and out often. Normally they will just ask if she's staying with me since I'm right there and I confirm and we're good to go.

Inland requires that you be living together in Canada throughout the entire process, takes about a year, allows the applicant to apply for a work permit (takes 4 months to get) and has no right to appeal.

You can apply outland from anywhere in the world (including Canada), American apps generally take around 6-8 months, there is the right to appeal, no requirement to be in Canada or live together and no work permit.

In terms of entry, it is a different situation when she is actually living in Canada as a visitor vs. coming to Canada with you occasionally as a visitor. Just something to keep in mind.